92 Decision Citation: BVA 92-12905
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 91-52 537 ) DATE
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THE ISSUES
1. Entitlement to service connection for a groin disorder.
2. Entitlement to service connection for a left eye
disorder.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
F. H. Ayer, Counsel
INTRODUCTION
The veteran has reported having had active military service
from September 1942 to September 1945 and from October 1948
to February 1955.
This case came before the Board of Veterans' Appeals,
hereinafter the Board, on appeal from a July 1991 rating
determination of the Nashville, Tennessee, Regional Office.
The notice of disagreement was received in July 1991. The
statement of the case was issued in November 1991. The
substantive appeal was received in November 1991. The
appeal was received at the Board in December 1991 and
docketed in January 1992. The claims file was then referred
to the veteran's accredited representative, The American
Legion, and that organization presented additional written
argument to the Board in April 1992. The case is now ready
for appellate review.
REMAND
A review of the claims file reveals that the veteran's
original claims file was lost. In 1976, his file was
rebuilt. However, it is unclear from the current file
whether the claimed periods of active military service have
been verified. Furthermore, it is unclear as to whether all
service medical records were associated with the claims file
or whether all reasonable attempts were made to obtain
verification of these records from alternate sources.
The current claims file shows the veteran is currently
service connected for, among other things, residuals, shell
fragment wound, left thigh, which was evaluated under
Diagnostic Code 5314 and scar, left forehead, evaluated
under Diagnostic Code 7800. The veteran has alleged, among
other things, that his claimed groin disability was somehow
caused by his service-connected left thigh wound and that
left eye disability resulted from the wound which caused the
left forehead scar. The veteran's representative, has
requested that the veteran be examined to ascertain whether
there is any correlation between the service-connected
disabilities and the claimed disabilities at issue.
The Board also notes that the veteran appears to be claiming
service connection for a left testicle disorder which he
alleges to be somehow attributable to his service-connected
left thigh wound residuals. However, this issue has not
been developed for appellate review.
In view of the foregoing, the case is REMANDED to the
regional office for the following action:
1. The regional office should seek
verification from the appropriate service
department of all claimed periods of
active military service. The veteran
appears to be claiming service from
September 1942 to September 1945 and from
October 1948 to February 1955. The
regional office should request all
service medical records pertaining to
these periods of service and, if
unavailable, should take all necessary
action to try to obtain these records
from alternate sources. If necessary,
the veteran should be contacted and
requested to provide particulars with
respect to where treatment was received
for both his service-connected left thigh
wound and left forehead scar.
2. The veteran should also be contacted
and asked to provide particulars as to
any post service treatment he may have
received for the disorders at issue and
where that treatment was received. If
these records have not previously been
requested, pertinent requests for those
records should be made and any available
records associated with the claims file.
3. The regional office should arrange
for examination of the veteran by
appropriate Department of Veterans
Affairs (VA) specialists. The claims
file should be made available to the
examiners prior to the examination. All
indicated special studies should be
performed. Special emphasis should be
placed on ascertaining the current nature
and severity of any groin disability,
left testicle disability, and left eye
disability. Care should be taken by the
examiners to obtain a full and complete
history of the claimed disorders. The
examiners should also express an opinion
as to whether the claimed left eye
disability resulted from the left
forehead wound which caused the scar for
which he is service-connected and whether
any groin disability or left testicle
disability may be attributable to his
service-connected left thigh wound
residuals.
4. The regional office should take all
necessary action to adjudicate the issue
of service connection for a left testicle
disorder.
Upon completion of the above requested development, the case
should be reviewed by the regional office in light of the
additional evidence obtained. If the benefits sought remain
denied, the records, including those from the above
requested development, should be returned to the Board for
further consideration. This is to be done after compliance
with prescribed procedures for the processing of appeals,
including the issuance of a supplemental statement of the
case with opportunity for the veteran and his representative
to respond.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
*
M. SABULSKY (MEMBER TEMPORARILY ABSENT)
J. U. JOHNSON
*38 U.S.C. § 7102(a)(2)(A) (1992) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
Under 38 U.S.C. § 7252 (1992), only a decision of the Board
of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of
a preliminary order and does not constitute a decision of
the Board on the merits of your appeal.